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By-Law 1-2002 of The Corporation of the City of Oshawa SECTION 1

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By-Law 1-2002 of The Corporation of the City of Oshawa SECTION 1 Powered By Docstoc
					                                                                             By-Law 1-2002
                                                   of The Corporation of the City of Oshawa

being a by-law to regulate and govern the standards for the maintenance and occupancy of property within
the City of Oshawa.

RECITALS

1.     Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23, authorizes the passing of a By-law
       for prescribing standards for the maintenance and occupancy of property.

2.     The Council for the City of Oshawa deems it desirable to enact and pass a By-law for prescribing
       standards for the maintenance and occupancy of property within the City, for prohibiting the
       occupancy or use of such property that does not conform with the Standards and for requiring
       property that does not conform with the Standards to be Repaired and maintained to conform with
       the Standards or the site to be cleared of all Buildings, structures, debris or refuse and left in a
       graded and leveled condition.

3.     The Official Plan for the City of Oshawa includes provisions relating to property conditions.

4.     Section 220.1 of the Municipal Act, R.S.O. 1990 c. M.45, as amended, authorizes the passing of a
       by-law imposing fees and charges.

       THEREFORE, IT IS ENACTED as a by-law of the Corporation of the City of Oshawa by the
Council thereof as follows:


SECTION 1                ADMINISTRATION, INTERPRETATION AND
                         ENFORCEMENT
               1.1       SHORT TITLE
Short Title    1.1.1     This By-law may be cited as the “Property Standards By-law”.
               1.2       SCOPE
All Property   1.2.1     This By-law applies to all property in the City of Oshawa unless otherwise
                         indicated herein.
               1.3       ENFORCEMENT
Property       1.3.1     The Council of the City of Oshawa shall appoint Property Standards Officers
Standards
Officers
                         from time to time to be responsible for the administration and enforcement of this
                         By-law.
               1.4       COMPLIANCE
Comply with    1.4.1     No Owner or Occupant shall use or occupy or permit to be used or occupied any
Standards
                         Property that does not conform with the Standards.
Repair or      1.4.2     The Owner of any Property that does not conform to the Standards shall Repair
Demolish
                         the Property to conform to the Standards or, alternatively, shall clear the Property
                         of all Buildings, structures, debris and refuse and shall leave the Property in a
                         graded and leveled condition.
Offence           1.4.3   Every Person who contravenes any of the provisions of this By-law is guilty of an
                          offence and, upon conviction, is liable to penalties as provided by the Building
                          Code Act.
                  1.5     SEVERABILITY
                  1.5.1   If any provision or part of a provision of this By-law is declared by any court or
                          tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part,
                          or inoperative in particular circumstances, the balance of the By-law, or its
                          application in other circumstances, shall not be affected and shall continue to be
                          in full force and effect.
                  1.6     COMPLIANCE WITH OTHER BY-LAWS AND REGULATIONS
No Reduction of   1.6.1   This By-law shall not be construed to reduce or mitigate any restrictions or
Authority
                          regulations lawfully imposed by the City or by any governmental authority
                          having jurisdiction to make such restrictions or regulations.
Conflict          1.6.2   If there is a conflict between a provision in this By-law and a provision of any
                          other City by-law, the provision that establishes the highest standard to protect
                          the health, safety and welfare of the general public shall apply.
                  1.7     GENDER AND NUMBER
Neutral           1.7.1   In this By-law, unless the contrary intention is indicated, words used in singular
                          shall include the plural and words used in the male gender shall include the
                          female gender and vice versa.
                  1.8     HEADINGS
Headings and      1.8.1   The headings of sections, subsections and articles in this By-law and the
Parentheses
                          descriptive margin on the left are inserted for ease of reference only and do not
                          form a part of nor affect the interpretation of this By-law. Subject to Article
                          1.10.1, language within parentheses do form a part of this By-law.
                  1.9     NUMBERING SYSTEM
Explanation       1.9.1   The numbering system for sections, articles and sentences for this By-law is
                          explained as follows:
                          Each “section” is numbered with an Arabic numeral. The second Arabic numeral
                          following the first (separated by a decimal) describes the “subsection”. The third
                          Arabic numeral (where one appears) following the second (separated by a
                          decimal) describes the “article.” Clauses, lists of items, provisions or
                          requirements within subsections or articles are defined by alphabetic characters
                          enclosed by parentheses.
                          For illustrative purposes, an example is:
                          SECTION 5:              Building Standards
                          SUBSECTION 5.5:         Doors, Windows and Skylights
                          ARTICLE 5.5.3:          Maintenance includes:
                          5.5.3(b):               reglazing cracked, broken or missing glass




                                                        2
                 1.10     MEASUREMENTS
Metric           1.10.1   Where this By-law provides metric and imperial units of measure, the metric unit
                          of measure shall prevail.         For convenience only, approximate imperial
                          measurements have been provided in parentheses but are of no force or effect.
                          The abbreviation “mm” stands for millimetres, “m” stands for metres, “m2”
                          stands for square metres, “m3 stands for cubic metres”, “ha” stands for hectares
                          and “c” stands for Celsius.
                 1.11     USE AND OCCUPANCY
Interpretation   1.11.1   In this By-law, unless the context requires otherwise, the verb “use” shall include
                          “design to use”, “permit to use and “permit the use of” and the verb “occupy”
                          shall include “design to occupy”, “permit to occupy”, “permit the occupancy of”
                          and “design for occupancy”.
                 1.12     AND/OR
Interpretation   1.12.1   The word “and” is an inclusive conjunction, the use of which indicates that all
                          items or phrases in the subsection, article, or list in which it appears are permitted
                          or required, as the case may be. The word “or” is an alternate conjunction, the
                          use of which indicates that alternate or optional items or phrases in the
                          subsection, article or list in which it appears are permitted or required, as the case
                          may be; however, notwithstanding the foregoing, where the context permits, the
                          word “or” may also be an inclusive conjunction having the same meaning as the
                          word “and”.
                 1.13     REFERENCES TO LEGISLATION
Ontario          1.13.1   All references in this By-law to names of Acts of the Legislature are (unless
Legislation
                          otherwise noted) references to the Revised Statutes of Ontario, 1990 edition.
                          Similarly, all references in this By-law to names of Regulations are (unless
                          otherwise noted) references to the Revised Regulations of Ontario, 1990 edition.
                          All references to Acts of the Legislature, Regulations and By-laws include
                          applicable amendments, including an implied reference to successor Acts,
                          Regulations and By-laws.
                 1.14     REPEAL OF EXISTING BY-LAW
Previous         1.14.1   On the date that this By-law comes into force, By-laws 136-79, 156-79, 63-80,
By-laws
                          136-91, 85-92, and 91-98 shall be repealed.
                 1.15     EFFECTIVE DATE
In Force         1.15.1   Subject to Article 1.16.1, this By-law shall come into force on the date of passage
                          by Council.
                 1.16     TRANSITIONAL RULES
Transition       1.16.1   After the date of the passing of this By-law, By-laws 136-79, 156-79, 63-80,
                          136-91, 85-92, and 91-98 shall apply only to those properties in which an Order
                          has been issued prior to the date of passing of this By-law, and then only to such
                          properties until such time as the work required by such Order has been completed
                          or any enforcement proceedings with respect to such Order including any
                          demolition, clearance, or Repair carried out by the municipality shall have been
                          concluded.

                                                        3
                  1.17     CERTIFICATE OF COMPLIANCE
Compliance        1.17.1   Upon payment of its fee, as prescribed in Schedule “D” of the General Fees and
Certificate
                           Charges By-law 13-2003, the City shall issue to an Owner a certificate respecting
                           the Property's compliance or non-compliance with the Standards (as the case may
                           be).                                                                     (13-2003)

                  1.18     PROPERTY STANDARDS COMMITTEE
5 Persons         1.18.1   Council shall appoint at large (by either Resolution or By-law) no fewer than five
Appointed to
Property
Standards                  (5) persons of the City to the Property Standards Committee for a term of office
Committee
                           concurrent with that of the appointing Council.
Vacancy           1.18.2   The Council shall forthwith fill any vacancy in membership of the Committee
                           that occurs.
Honorarium        1.18.3   Each member of the Property Standards Committee, appointed by Council, shall
                           be entitled to an honorarium of $50.00 per meeting for his or her attendance at
                           committee hearings.
Appeal of Order   1.18.4   An Owner or Occupant who appeals an Order made pursuant to Subsection
                           15.2(2) of the Building Code Act shall submit a Notice of Appeal in the time
                           frame and the manner as prescribed in Subsection 15.3(1) of the Building Code
                           Act. All Notices of Appeal shall be accompanied by a non-refundable payment
                           in the amount as prescribed by Schedule “A” to this By-law for the processing of
                           the Appeal.
                  1.19     FEES AND CHARGES
Fee for Repeat    1.19.1   Every Owner or Occupant who has failed to comply with a confirmed Order
Inspections
                           made pursuant to Subsection 15.2(2) of the Building Code Act, shall pay the fees
                           set out in Schedule "D" of the General Fees and Charges By-law 13-2003 for
                           each inspection to determine if contraventions of this By-law observed on an
                           initial inspection have been corrected where the contraventions have not been
                           remedied by the time provided for in the said Order.                     (13-2003)
Notice of Fee     1.19.2   Before carrying out the re-inspection of each Property for which an Owner or
                           Occupant will be required to pay a fee under Article 1.19.1 (should the
                           contravention not be remedied by the time provided for in an Order) the City
                           shall give the Owner or Occupant of the Property a written notice setting out the
                           fees payable. The notice referred to in this Article may be included as a statement
                           in the Order requiring an Owner or Occupant of Property to conform with the
                           Standards.
Idem              1.19.3   After the notice under Article 1.19.2 has been given, no further notice of the fee
                           payable under this Subsection is required for subsequent inspections of the same
                           Property relating to the Order.
Debt to City      1.19.4   Where fees are payable by an Owner or Occupant under Article 1.19.1, the fees
                           shall constitute a debt to the City.




                                                         4
Add to Tax Roll   1.19.5   The fees payable under this By-law shall be added by the Municipal Clerk to the
                           tax roll for any real property in the City where all of the owner(s) of that same
                           property are responsible for paying the fees and the City shall collect the fees in
                           like manner as municipal real property taxes and the fees shall have priority lien
                           status.
Interest          1.19.6   Fees charged under this By-law are due and payable on the day immediately
                           following the day the fee is imposed or charged and shall accrue interest at the
                           rate of 1 1/4 per cent on the first day of default and on the first day of each
                           calendar month thereafter in which default continues until paid.


SECTION 2                  DEFINITIONS
                  2.1      For the purpose of interpreting the provisions set forth in this By-law, the
                           following definitions shall apply.


“ACCESSORY BUILDING” means a detached Building or structure, whether heretofore or hereafter
erected, that is commonly incidental, subordinate or secondary and exclusively devoted to the main
Building or structure and is located on the same lot as the main Building or structure and which is not
used for human habitation.

“APARTMENT BUILDING” means a Building or part of a Building, whether heretofore or hereafter
erected, containing three or more Dwelling Units but does not include Block Townhouses.

“APPLIANCES” means a stove, refrigerator, clothes washer, clothes dryer, dishwasher or a hot water
tank.

“BLOCK TOWNHOUSE” means a townhouse, whether heretofore or hereafter erected, served by a
private driveway or aisle.

“BUILDING” means any structure consisting of a roof supported by walls or columns which is used for
the shelter, accommodation or enclosure of Persons, animals, goods, chattels or equipment, whether
heretofore or hereafter erected.

"BUILDING CODE ACT" means the Building Code Act, 1992, S.O. 1992, c. 23.

“CITY” means The Corporation of the City of Oshawa.

“COMMITTEE” means the Property Standards Committee established by Article 1.18.1 of this By-law.

“DWELLING” means a Building or structure or part of a Building or structure used for the purpose of
human habitation, and includes a Building that would be used or would be intended to be used for such
purposes, except for its state of disrepair, and shall include every Building on a residential Property other
than an Accessory Building.

“DWELLING UNIT” means that part of a Dwelling consisting of one or more Habitable Rooms, which
contains at least one Washroom and cooking facilities and that is designed for use as a single house
keeping establishment.

                                                        5
“FIRE RESISTANCE RATING” means time in hours or parts thereof that an element or assembly of
material will withstand fire exposure, as determined in a fire test made in conformity with recognized
specifications, or as determined by extension or interpretation of information derived therefrom.


“FIRE SEPARATION” means a barrier against the spread of fire and smoke having a Fire Resistance
Rating as required, and having all openings protected with approved closures.

“GUARD” means a protective barrier around openings in floors or at the open sides of stairs, landings,
balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one
level to another.

“HABITABLE ROOM” means a room in a Dwelling used, designed to be used or capable of being used
for living, sleeping, cooking or eating purposes.

"LEVEL OF ILLUMINATION" means the level of artificial lighting measured in Lux (Foot Candles) at
floor or grade level.

"LODGING HOUSE" means a Building or a part of a Building, containing three to ten Lodging Units,
which does not appear to function as a Dwelling Unit, although one may be included with the Lodging
Units. It includes, without limitation, a rooming house and a boarding house, a fraternity or sorority
house. It does not include a hotel, a crisis care residence, a hospital, a group home, a correctional group
home, a bed and breakfast establishment nor a nursing home. A Lodging House may involve shared
cooking or Washroom facilities. Meals may or may not be provided to residents. Common areas, such as
living rooms, may or may not be provided.

“LODGING UNIT” means one or more rooms within a Lodging House used or designed to be used for
sleeping accommodations. Lodging Units may contain cooking or Washroom facilities, but not both.

“MEDICAL OFFICER OF HEALTH” means the medical officer of health of the Durham Regional
Health Unit or any successor thereof.

“OCCUPANT” means any Person or Persons over the age of 18 years in possession, care or control of the
Property.

“OFFICER” means a Property Standards Officer appointed by the Council of the City to administer and
enforce this By-law.

“ONTARIO BUILDING CODE” or “OBC” means Ontario Regulation 403/97, made under the Building
Code Act, 1992.

“OWNER” includes
(a)   the Person for the time being managing or receiving the rent of the Property, whether on the
      Person's own account or as agent or trustee of any other Person, or who would so receive the rent if
      the Property were let, and
(b)   a lessee or Occupant of the Property who, under the terms of a lease, is required to Repair and
      maintain the Property in accordance with the Standards.

                                                     6
“PERSON” means an individual, association, firm, partnership, corporation, trust, organization, trustee,
or agent, and the heirs, executors or legal representatives of the Person to whom the context can apply
according to law.


“PLUMBING FIXTURE” means a receptacle or equipment that receives water, liquid or sanitary sewage
and discharges water liquids or sanitary sewage directly into drainage piping.

“PROPERTY” means a Building or structure or part of a Building or structure, and includes the lands
and premises appurtenant thereto, and all mobile homes, mobile buildings, mobile structures,
outbuildings, fences and erections thereon, whether heretofore or hereafter erected, and includes
abandoned Property but does not include Property zoned under the class: Open Space in the City’s Zoning
By-law 60-94, and owned, leased, managed or maintained by the City.

“REPAIR” includes the provisions of facilities, the making of additions or alterations or the taking of any
other action as may be required to ensure that a Property conforms with the Standards and “Repairs” and
“Repaired” have corresponding meanings.

“RESTAURANT” means a building or part of a building where food and beverages are prepared or
offered for retail sale to the public for immediate consumption on or off the premises, including a licensed
dining lounge, food catering business, a tavern or nightclub.

“SEWERAGE SYSTEM” means the system of sewers connected to any sewage treatment plant operated
by the Regional Municipality of Durham for service of the inhabitants of the City of Oshawa.

“STANDARDS” means the standards for the maintenance and occupancy prescribed for Property in this
By-law.

‘WASHROOM” means that part of a Building containing one or more of a water closet, urinal, bathtub,
shower or washbasin.

“WATER SYSTEM” means the system for supply of water from a central pumping station and tanks and
reservoirs managed and operated by the Regional Municipality of Durham for service of the inhabitants of
the City of Oshawa.


SECTION 3                GENERAL DUTIES AND OBLIGATIONS
                 3.1     REPAIRS AND WORKMANSHIP
Owner            3.1.1   An Owner shall maintain any services and facilities supplied in respect of a
Responsibility
                         Property by that same Owner and shall maintain common areas intended for the
                         use of Occupants. Such services and facilities may include, but are not limited to:
                         (a)    Appliances
                         (b)    parking facilities
                         (c)    elevator facilities and equipment
                         (d)    intercom systems and equipment
                         (e)    telephone, television cable, gas/oil, water and electricity, and their related
                                services and equipment
                                                      7
                          (f)    heating and air conditioning facilities, services and equipment
                          (g)    security services, facilities and equipment
                          (h)    lighting
Manner of         3.1.2   All Repairs and maintenance of a Property required by the provisions of this
Making Repairs
                          By-law shall be carried out in a manner accepted as good workmanship in the
                          trades concerned, utilizing materials suitable and sufficient for the purpose and
                          carried out in accordance with the industry specifications and requirements.


SECTION 4                 PROPERTY MAINTENANCE, WASTE MANAGEMENT, AND
                          ACCESSORY BUILDINGS OR STRUCTURES
                  4.1     PROPERTY
Neighbouring      4.1.1   All Property shall be maintained in a clean and tidy condition so as not to detract
Environment
                          from the neighbouring environment or present a hazard to any Person.
                  4.1.2   Without restricting the generality of Article 4.1.1, “maintained in a clean and tidy
                          condition”, includes removal of:
Rubbish,                  (a)   rubbish, rubble, waste, garbage, refuse and litter or debris, unused items
Garbage, Debris
Hazard
                                and objects or conditions that may create a health, fire, or accident hazard
                                located on a Property;
Wrecked                   (b)   wrecked, dismantled, discarded, abandoned, unused materials, unlicensed
Discarded
Materials
                                vehicles, furniture, machinery, trailers or boats located on a Property unless
                                necessary for the operation of a business enterprise lawfully situated on
                                that same Property;
Hedges and                (c)   overgrowth of hedges, shrubs and bushes;
Bushes
Collapsed                 (d)   Dilapidated, collapsed or partially constructed structures that are not
Structures
                                currently under construction (for the purposes of this Article, a structure is
                                not currently under construction where no substantial construction activity
                                has taken place on the structures within the immediately preceding
                                90 days);
Injurious                 (e)   Injurious insects, termites, rodents, vermin or other pests;
Insects, Vermin
Dead Tree                 (f)   Dead or decayed trees or other natural growth, including branches and
                                limbs thereof, or damaged trees that create an unsafe condition; and
Long Grass                (g)   Long grass, brush, undergrowth or weeds greater than 20 cm (8 in.) in
                                height between May 1st and October 15th in each calendar year.
Abandoned         4.1.3   Abandoned or unused wells and every excavation, hole, trench, or ditch that
Wells
                          presents a hazard to the health or safety of any Person shall be filled with fill
                          material suitable for the purposes of eliminating the hazard and made level with
                          the surrounding grade.




                                                         8
Temporary        4.1.4   Despite the requirements of this Section, temporary storage of material or refuse
Storage
                         resulting solely from the construction, demolition or alteration of a Building or
                         part thereof may be placed on the same Property as the construction, demolition
                         or alteration is being carried on for a period of time not exceeding 6 months,
                         provided that:
                         (a)    it will not cause risk to the health or safety of any Persons; and
                         (b)    it is removed in a timely manner and in its entirely from the Property upon
                                completion of the construction or demolition, alteration or demolition.
                 4.2     SURFACE CONDITIONS
Parking Areas    4.2.1   Driveways, ramps, parking areas and similar areas shall be:
                         (a)    surfaced, resurfaced, Repaired or regraded to provide a safe surface for
                                pedestrian or vehicle use;
                         (b)    maintained as a dust free surface by regular cleaning or application of an
                                environmentally safe dust control agent; and
Safe Passage             (c)    maintained so as to provide for safe passage under normal use and weather
                                conditions, day or night.
Walkways         4.2.2   Walkways, exterior passageways, exterior stairs, landings and similar areas shall
                         be:
                          (a)   surfaced, resurfaced, Repaired or regraded to provide a safe surface for
                                pedestrian use; and
Safe Passage              (b)   maintained so as to provide for safe passage under normal use and weather
                                conditions, day or night.
                 4.3     SEWAGE AND DRAINAGE
Sewage System    4.3.1   Sewage shall be discharged into an approved Sewerage System as determined by
                         the authority having jurisdiction over sewage collection in the city.
                 4.3.2   Sewage of any kind shall not be discharged onto the surface of the ground.
Storm Water      4.3.3   Storm water (including roof drainage) shall not be discharged onto sidewalks,
Discharge
                         stairs, or adjacent Property.
Ponding          4.3.4   Storm water (including roof drainage) shall be drained from a Property so as to
                         prevent ponding covering an area of 9 m2 (100 ft2) or greater, or being 30 cm
                         (12 in) in depth at any point.
Catch Basin      4.3.5   Catch basins shall be kept in good Repair and free of debris or other obstructions
                         which could prevent water from draining.
Stagnant Water   4.3.6   No Owner shall permit or allow stagnant water to exist or occur in any location
                         on a Property at any time.
                 4.4     COMPOST HEAPS
Compost          4.4.1   No Owner shall permit or allow the existence, occurrence or maintenance of any
                         compost heap or bin on a Property where that compost heap or bin emits
                         offensive odours that migrate off the Property.
Idem             4.4.2   No compost heap or compost heap enclosure situated on a property shall be
                         supported by or touch any portion of a boundary fence.




                                                          9
                  4.5     REFUSE STORAGE AND DISPOSAL
Sufficient        4.5.1   Every Owner shall provide and maintain sufficient receptacles to contain all
Receptacles
                          garbage, refuse, ashes, recyclable materials and trade waste that may accumulate
                          on a Property between the regular collection days, as designated from time to
                          time by the City. A receptacle includes a plastic garbage bag that conforms to the
                          standards of this Subsection.
State of          4.5.2   Every receptacle shall be:
Receptacles
                          (a)   watertight;
                          (b)   manufactured and maintained to prevent the entry of insects, rodents and
                                the escape of odours;
                          (c)   shall be kept closed at all times except when garbage, refuse, ashes or trade
                                waste is being placed therein or removed therefrom;
                          (d)   maintained in a clean and sanitary condition; and
                          (e)   made available for prompt removal in accordance with the municipal
                                garbage collection by-law where applicable.
Plastic Bags      4.5.3   Plastic garbage bags shall not be stored outdoors. However, nothing in this
                          Article shall prevent the placement of refuse in plastic bags for collection at the
                          curbside during the times and days only as permitted in City refuse collection
                          by-laws.
Apartment         4.5.4   In Apartment Buildings, every garbage chute, garbage disposal room, garbage
Buildings
Garbage Rooms
                          storage area, garbage container or receptacle shall be:
Clean
                          (a)    washed and disinfected as often as is necessary to maintain a clean and
                                 odour free condition; and
Good Repair               (b)    maintained in good Repair.
Garbage Rooms     4.5.5   Garbage disposal rooms or garbage storage areas shall be maintained so as to
Maintained
                          minimize health hazards due to excessive accumulation of garbage and refuse or
                          the storage of same for a long duration by adding increased frequency of removal
                          from the Property.
Receptacle Size   4.5.6   The Owners of all multiple Dwellings that do not have garbage disposal rooms
                          shall provide receptacles large enough to contain all garbage, refuse and
                          recyclable materials.
Location of       4.5.7   Every receptacle, if located outside of a building, shall be located in the Rear
Garbage
Receptacle
                          Yard, when space can accommodate it, or otherwise in a side yard, but shall not
                          be located in a Front Yard or Exterior Side Yard. For the purposes of this By-
                          law, the definitions of Rear Yard, Side Yard, Exterior Side Yard and Front Yard
                          shall correspond with the definitions contained in City By-law 60-94 (Zoning).
Provision of      4.5.8   Every Owner or Occupant operating within a place of business shall provide
Storage Space
                          sufficient garbage and refuse storage facilities to ensure that all garbage or refuse
                          that occurs on the Property is properly contained therein at all times.
Refuse            4.5.9   Properties with external garbage and recycling storage areas, including areas
Enclosure
                          located within a building, shall be enclosed by a refuse enclosure approved by the
                          City of Oshawa, Department of Development Services.



                                                        10
Idem              4.5.10   Notwithstanding Article 4.5.9, City approval of garbage and recycling storage
                           areas shall not be required for Properties containing only a detached Dwelling,
                           semi-detached Dwelling or freehold townhouse Dwelling.
                  4.6      ACCESSORY BUILDINGS OR STRUCTURES
Accessory         4.6.1    Accessory Buildings, and other structures including fences and retaining walls
Building
Fences
Retaining Walls            located within a Property, or on the boundary line thereto, shall be structurally
                           sound, maintained in good Repair, free of hazards and protected by preservatives
                           or other weather resistant material.
                  4.7      GANTRIES AND ANTENNAS
Securely          4.7.1    Gantries, antennae and like structures located within a Property shall be securely
Anchored
                           anchored and maintained in a structurally sound condition and in good Repair.
                  4.8      SWIMMING POOLS, HOT TUBS AND PONDS
Maintained in     4.8.1    Swimming pools, hot tubs, wading pools and artificial ponds and (any
Good Repair
                           appurtenances thereto) shall be maintained in good Repair, free from leaks, and
                           free from health and safety hazards.
Pool Fences,      4.8.2    Fences or gates (and their hardware) comprising a pool enclosure shall be
Gates and
Hardware
                           maintained in good Repair and in accordance with the City of Oshawa Pool
                           Enclosure By-law.
Derelict or       4.8.3    Derelict or abandoned swimming pools (whether aboveground or inground) shall
Abandoned
Pools
                           be drained and removed or filled and the Property left in a graded and leveled
                           condition.
Draining          4.8.4    No Owner shall permit or allow water drained from swimming pools, hot tubs,
                           wading pools and artificial ponds to drain or migrate onto adjacent Properties.
                  4.9      HOARDING
Structurally      4.9.1    All hoarding shall be maintained in a structurally secure manner and painted or
Secure
                           otherwise treated to inhibit deterioration.


SECTION 5                  BUILDING STANDARDS
                  5.1      STRUCTURAL SOUNDNESS
Structurally      5.1.1    Every part of a Building shall be maintained in a structurally sound condition and
Sound
Condition
                           in good Repair so as to be capable of sustaining safely its own weight and any
                           additional weight to which it may be subject through normal use. Every beam,
                           column, joist, truss or other structural member or assembly showing signs of
                           deterioration or distress shall be Repaired, reinforced or replaced.
Ontario           5.1.2    Where any structural member or assembly is required to be Repaired, replaced, or
Building Code
Standards
                           reinforced under Article 5.1.1, the requirements and specifications contained in
                           the OBC shall apply.




                                                        11
Objects or      5.1.3   Objects or materials that are attached to or form part of a Building and which
Materials
Attached to
Buildings               have been broken, damaged, or that show evidence of rot or other deterioration
                        shall be removed, Repaired, or replaced. Walls, roofs and other exterior parts of
                        the Building shall be free from loose or unsecured objects, parts or material and
                        improperly secured objects or material and where such objects or material exist,
                        they shall be removed, Repaired or replaced. Repair includes the temporary
                        provision, installation and maintenance of substantial boarding, barricades or
                        other temporary protection.
                5.2     BUILDING ENVELOPE
Structural      5.2.1   The foundations, walls, columns, beams, decks and roofs of all Buildings on a
Soundness and
Repair
                        Property shall be maintained in a structurally sound condition and in good Repair.
Maintenance     5.2.2   Without restricting the generality of Article 5.2.1, “maintained in a structurally
                        sound condition and in good Repair” includes:
                        (a)   extension of the wall foundations below grade or re-grading to provide
                              adequate frost cover;
                        (b)   installing subsoil drains to overcome conditions detrimental to the
                              Building;
                        (c)   Repairing or replacing decayed, damaged or weakened sills, piers, posts or
                              other supports;
                        (d)   grouting, waterproofing, cladding or replacing protective surfaces as
                              necessary so as to be weather tight;
                        (e)   the application of materials that are effective to preserve all wood, metal
                              work or other materials not inherently resistant to weathering or wear;
                        (f)   the restoration, or replacement of foundations, walls, columns, beams,
                              decks, roofs, cladding, finishes and trims; and
                        (g)   carrying out other work as may be required to overcome existing settlement
                              detrimental to the Building.
                5.3     EXTERIOR WALLS AND ATTACHMENTS
Maintained in   5.3.1   Exterior walls of a Building (and their components) shall be maintained in good
Good Repair
                        Repair and free from cracked, broken or loose masonry units, stucco, and other
                        defective cladding or trim. Paint or other suitable preservative or coating must be
                        applied and maintained so as to inhibit deterioration due to weather conditions,
                        insects or other damage.
Graffiti        5.3.2   Exterior walls of a Building (and their components) shall be free of painted
                        slogans, graffiti and similar defacements.
Canopies and    5.3.3   All canopies, marquees, signs, awnings, fire escapes, stand pipes, exhaust ducts,
Signs
                        and similar overhanging extensions, shall be maintained in good Repair, be
                        properly anchored so as to be kept in a secure and sound condition, and shall be
                        protected from the elements and against decay and rust by the periodic
                        application of an effective weather coating material (such as paint or other
                        protective treatment).




                                                      12
                  5.4     ROOFS AND ROOF STRUCTURES
Good Repair       5.4.1   Every roof, including related roof structures and their components, fascias,
                          soffits, eavestroughs, downpipes, guards and lightning arrestors, shall be
                          maintained in good Repair.
Weathertight      5.4.2   Roofs of Buildings (and their components) shall be maintained in a weathertight
                          condition, free from loose or unsecured objects or materials.
Dangerous         5.4.3   The roofs of Buildings (including Accessory Buildings) shall be kept clear of
Accumulations
of Ice and Snow
                          dangerous accumulations of ice or snow.
                  5.5     DOORS, WINDOWS AND SKYLIGHTS
Performing        5.5.1   All doors, windows, skylights and shutters (including storm and screen doors and
Intended
Functions
                          windows) shall be maintained in good Repair and capable of performing their
                          intended functions.
Maintenance       5.5.2   Doors, windows and skylights shall be maintained so that they are weather tight.
Idem              5.5.3   Without restricting the generality of Article 5.5.1, “maintained in good Repair”
                          includes:
                          (a)        the refitting, replacement or Repairing of damaged, decaying or defective
                                     exterior doors, windows, frames, sashes, casings, shutters, hatchways or
                                     screens;
                          (b)        reglazing cracked, broken or missing glass;
                          (c)        repairing or replacing defective or missing hardware;
                          (d)        weatherstripping and caulking (where such is defective or missing); and
                          (e)        the application of paint or a similar effective preservative to inhibit
                                     deterioration.
Prevention of     5.5.4   When an opening in an exterior wall is used or required for ventilation or
Entry by
Rodents or
Vermin                    illumination and is not required to be protected by a door, window or similar
                          closure, it shall be protected with a wire mesh screen, metal grill or other
                          equivalent durable material so as to effectively prevent the entry of birds, rodents
                          or vermin.
Latching From     5.5.5   All openable windows and exterior doors in Apartment Buildings shall be
Within
                          provided with the means of being latched or secured from within.
Doors and         5.5.6   Doors that allow access to or egress from a Dwelling Unit located in an
Hardware for
Apartments
                          Apartment Building shall be equipped with locks, and shall be maintained in
                          good Repair and in an operable condition.
Screening         5.5.7   All windows in a Dwelling Unit that can be (or are required by the Standards to
                          be) openable shall be provided with screening to effectively prevent the entry of
                          insects.
Window Safety     5.5.8   In every Apartment Building, every window (or any part thereof) that is located
in Apartment
Buildings
                          2 m (6.5 ft) or more above the finished grade of land upon which it faces that is
                          capable of being opened and does not lead to a balcony, shall be equipped with a
                          safety device capable of controlling the free swinging or sliding of an openable
                          part of a window so as to limit any clear unobstructed opening to not more than
                          100 mm (4 in) measured either vertically or horizontally where the other
                          dimension is greater than 380 mm (15 in).

                                                         13
Window Safety     5.5.9   All windows in any common area of Apartment Buildings that are greater than
Common Areas
                          2m (6.5 ft) above the finished grade of land upon which they face (and do not
                          lead to a balcony) must have a Guard that complies with the OBC, if the window
                          sill is less than 1m (3.25 ft) from the floor.
                  5.6     VERANDAHS, PORCHES, DECKS, LOADING DOCKS, BALCONIES,
                          STAIRS, GUARDS AND HANDRAILS
Maintained in     5.6.1   Every verandah, porch, deck, loading dock, floor, stair, handrail, Guard, balcony
Good Repair
                          (and every appurtenance and surface finish attached or laid thereto) shall be
                          maintained in good Repair.
Idem              5.6.2   Without restricting the generality of Article 5.6.1, “maintained in good Repair”
                          includes:
                          (a)   Repairing or replacing floors, handrails, Guards, treads and risers,
                                including finishes such as linoleum, tile and carpet that contain
                                depressions, protrusions or that are broken, torn, warped, loose or
                                otherwise defective;
                          (b)   Repairing, replacing or strengthening structural members that are rotted,
                                deteriorated or loose; and
                          (c)   repainting or the re-applying of other effective protective preservative.
Handrails &       5.6.3   Handrails and Guards for interior and exterior stairways and ramps shall be
Guards
According to
OBC                       provided in accordance with the provisions of the OBC and maintained in good
                          Repair and in a safe and structurally sound condition.
                  5.7     INTERIOR WALLS, CEILINGS AND FLOORS
Walls, Ceilings   5.7.1   Every wall, ceiling and floor shall be maintained so as to provide a continuous
and Floors
                          surface free of holes, cracks, loose coverings or other defects.
Finish            5.7.2   A finish shall be applied to all walls and ceilings where same have been
                          Repaired.
Water Resistant   5.7.3   Every floor in a Washroom, shower room, laundry room and kitchen shall have
Floor
                          water-resistant flooring.
General           5.7.4   Every floor, wall, ceiling, furnishing, appliance, fixture and equipment in a
Cleanliness
                          Building (including the interior of Dwelling Units or Lodging Units) shall be
                          maintained in a clean and sanitary condition and free from rubbish or other
                          debris.
Dampness          5.7.5   Every Dwelling shall be kept free from dampness and moisture.
Household         5.7.6   All garbage shall be stored in a sanitary manner in receptacles (as provided for in
Garbage
Storage
                          Subsection 4.5) and shall not be permitted to accumulate and remain on a
                          Property to an extent or for a length of time so as to be a fire, health or safety
                          hazard.
Water Resistant   5.7.7   The walls and ceiling around a bathtub or shower shall be water-resistant.
Fire Separation   5.7.8   A Fire Separation shall be provided and maintained between a Dwelling Unit and
Between Res &
Non-Residential
                          another occupancy or use as prescribed by the OBC.




                                                        14
                 5.8      COMMON AREAS
Maintained in    5.8.1    Common areas in Apartment Buildings, including laundry rooms, recreation
Good Repair
                          rooms, storage rooms, hallways, elevator cages and other shared facilities shall be
                          maintained in good Repair and kept clean and free from health, fire and accident
                          hazards.
Free from        5.8.2    Interior cladding and finishes of floors, walls, ceilings and doors of common
Stains
                          areas shall be kept free of stains and other defacement.
Main Areas       5.8.3    All mail collection areas, including mailboxes (where supplied in any Building)
                          shall be maintained in good Repair.
                 5.9      RECREATIONAL FACILITIES
Good Repair      5.9.1    Recreational amenities, facilities, rooms and play area surfaces and equipment
                          provided by an Owner shall be maintained in good Repair and in a safe condition
                          by that same Owner.
                 5.10     UNDERGROUND PARKING GARAGES
Good Repair      5.10.1   Underground parking garages shall be:
                          (a)   maintained in good Repair and in a clean and safe condition;
                          (b)   adequately lighted;
                          (c)   free from wrecked, discarded or abandoned machinery, boats, vehicles,
                                trailers or parts thereof; and
                          (d)   maintained so as to prevent the accumulation of toxic fumes and the escape
                                of toxic fumes into a Building.
Security         5.10.2   Vehicular and pedestrian doors shall be maintained in good Repair and fitted with
                          suitable security hardware that is in an operable condition.
                 5.11     ARTIFICIAL LIGHTING
Emergency        5.11.1   Interior emergency lighting, exit stairwells and exterior areas including parking
Lighting
                          lots, walkways, stairs, porches, verandas, loading docks, ramps and similar areas
                          (but excluding parking or storage garages) shall be provided with a minimum
                          Level Of Illumination of 10 Lux (0.9 Foot candles).
Passageways      5.11.2   Despite Article 5.11.1, passageways and stairways in areas of employment (when
                          in use) and corridors, passageways, doorways, stairways and storage rooms (but
                          not including service, utility and laundry rooms) used by the public or tenants
                          shall be provided with a minimum Level Of Illumination of 50 Lux (4.6 Foot
                          candles).
Parking          5.11.3   Parking or storage garages shall be provided with a minimum Level Of
                          Illumination of 50 Lux (4.6 Foot candles).
Washrooms        5.11.4   Washrooms and recreation rooms used by the public and tenants shall be
                          provided with a minimum Level Of Illumination of 100 Lux (9.3 Foot candles).
Utility Rooms    5.11.5   Service, utility and laundry rooms used by the public and tenants shall be
                          provided with a minimum Level Of Illumination of 200 Lux (18.6 foot candles).
Kept in Repair   5.11.6   All artificial lighting (including exterior lighting fixtures, lamps and other
                          supports and connections) shall be maintained in good Repair and in a safe
                          working condition.



                                                       15
                 5.12     PEST CONTROL
Infestation      5.12.1   All properties shall be kept free of pest infestation (including rodents, vermin and
                          insects, reptiles, or other wild animals, pigeons, or other wild birds) at all times.


SECTION 6                 STANDARDS FOR RESIDENTIAL OCCUPANCY
                 6.1      APPLICATION
General          6.1.1    The Standards prescribed by this Section apply to Apartment Buildings,
Application
                          Dwellings, and Lodging Houses.
                 6.2      MINIMUM STANDARDS REQUIRED FOR HUMAN HABITATION
Dwelling and     6.2.1    No Dwelling Unit or Lodging Unit shall be used for human habitation unless:
Lodging Units
                          (a)    interior cladding and finishes of walls, ceilings and floors are maintained
                                 in accordance with Subsection 5.7;
                          (b)    doors and windows are maintained in accordance with Subsections 5.5,
                                 6.9 and 7.5;
                          (c)    a heating system is provided and maintained in accordance with
                                 Subsection 7.1;
                          (d)    the plumbing and drainage system is maintained in accordance with
                                 Subsection 7.2;
                          (e)    the electrical system is maintained in accordance with Subsection 7.3;
                          (f)    the minimum floor areas are in accordance with Subsections 6.3. or 6.4;
                                 and
                          (g)    the minimum headroom is in accordance with Subsections 6.5.
                 6.3      MINIMUM REQUIRED FLOOR AREA FOR DWELLING UNITS
Dwelling Unit    6.3.1    The minimum floor areas for all rooms in a Dwelling Unit shall be in accordance
                          with the provisions of the OBC.
                 6.4      MINIMUM REQUIRED FLOOR AREAS FOR LODGING UNITS
Lodging Unit     6.4.1    The minimum floor area for a Lodging Unit shall be not less than 7m2 (75 sq. ft.)
                          for single occupancy and 4.6m2 (50 sq. ft.) per Person for multiple occupancy.
                 6.5      MINIMUM FLOOR TO CEILING HEIGHT FOR HABITABLE ROOMS
Ceiling Height   6.5.1    The minimum floor to ceiling height for Habitable Rooms shall not be less than
                          1.9m (6 ft., 5 in) over at least 50% of the floor area (as required by the
                          Standards), provided that any part of the floor area having a clear height of less
                          than 1.35m (4.4 ft.) shall not be considered in computing the required floor area.
Idem             6.5.2    Despite Article 6.5.1, a minimum height of 1.9m (6 ft., 5 in.) shall be required for
                          all floor area used as a means of egress.
                 6.6      KITCHEN FACILITIES
                 6.6.1    Every Dwelling Unit shall contain a kitchen area equipped with:
Kitchen Sink
                          (a)   a kitchen sink that is served with hot and cold potable water and is
                                surrounded by surfaces impervious to grease and water;
Storage Area              (b)   suitable storage area of not less than 0.23 metres3 (8 feet3) of which there
                                shall be at least 1.0m (3 ft) in width of cabinet front;




                                                        16
Counter                    (c)    a counter or work area at least 0.55m (1.8 ft.) in depth and at least 1.8m
                                  (6 ft.) in length (inclusive of the sink) and covered with a material that is
                                  impervious to water and grease and is easily cleanable; and
Spaces for Stove           (d)    cooking and refrigeration appliances (including suitable electrical or gas
and
Refrigerator
                                  connections thereto).
Good Repair        6.6.2   The items provided pursuant to Article 6.6.1 shall be maintained in good Repair.
Maintenance of     6.6.3   Appliances in a Dwelling Unit shall be maintained in good Repair and in a safe,
Appliances
                           operable condition.
Lodging House      6.6.4   The provisions of this Subsection also apply to kitchen facilities and Appliances
                           that may be provided in a Lodging House.
                   6.7     TOILET AND WASHROOM FACILITIES
Washroom           6.7.1   Every Dwelling Unit shall contain at least one Washroom that includes the
Requirements
                           following:
                           a) at least one fully operational water closet; and
                           b) at least one washbasin; and
                           c) at least one bathtub or shower unit.
Lodging House      6.7.2   Every Lodging House shall have at least one toilet and one wash basin, and one
Requirements
                           bathtub or shower unit for every five occupants.
Water Closet       6.7.3   Every toilet, urinal and water closet shall function as designed and will
                           effectively empty the contents thereof.
Door Secured       6.7.4   Every required Washroom shall be accessible from within the Building and shall
For Privacy
                           be fully enclosed and provided with a door capable of being secured from the
                           inside to allow privacy for the Persons using the room.
Common             6.7.5   Where Washroom facilities are shared by Occupants of a Building, other than
Entrance for
Shared
Washroom                   self-contained Dwelling Units, an entrance shall be provided from a common
                           passageway, hallway, corridor or other common space.
Water Closet       6.7.6   No toilet, urinal or water closet shall be located in a Habitable Room or in a room
                           used for storage of food.
                   6.8     VENTILATION
Habitable          6.8.1   Every Habitable Room (except for a living room or a dining room) shall be
Rooms
                           provided with natural ventilation which shall consist of an opening or openings
                           with a minimum aggregate unobstructed free flow area of 0.28m2 (3 sq. ft.) and
                           be located in the exterior walls or through openable parts of skylights.
Washrooms          6.8.2   Every Washroom shall be provided with an opening or openings for natural
                           ventilation located in an exterior wall (or through openable parts of skylights) and
                           all such openings shall have a minimum aggregate unobstructed free flow area of
                           0.09m2 (1 sq. ft.).
Exhaust to         6.8.3   An opening for natural ventilation may be omitted from a Washroom where a
Outside
                           system of mechanical ventilation has been provided (such as an exhaust fan
                           which is activated by a switch, with a duct leading to outside the Dwelling)
                           capable of changing the air once each hour.




                                                          17
Attic Roof       6.8.4   Every enclosed attic or roof space shall be vented by openings to the exterior to
Spaces
                         provide at least 0.09m2 (1 sq. ft.) of unobstructed vent area for every 27.9m2
                         (300 sq. ft.) of attic or roof space. The vents required by this Article may be roof,
                         eave or gable end corrosion-resistant louvers or screens, or any combination
                         thereof.
Crawl Spaces     6.8.5   Crawl spaces and unfinished basements and cellars shall be adequately ventilated
Cellars
                         to the exterior by natural or mechanical means. For the purposes of this Article,
                         areas are adequately vented when (in a basement or cellar) windows which can be
                         opened or screened openings are provided (the aggregate area of which shall not
                         be less than one percent of the floor area) and (for an unheated crawl space only)
                         louvers with insect screens of corrosion resistant material are provided.
Ventilation in   6.8.6   Every laundry room, garbage disposal room, furnace room, boiler room, storage
Public Areas
                         garage, public corridor and other similar public room or space of a Building shall
                         be adequately ventilated.
                 6.9     NATURAL AND ARTIFICIAL LIGHTING
Habitable        6.9.1   Every Habitable Room (except a kitchen, dining room, or basement recreation
Rooms
                         room) shall have a window or windows, skylights or translucent panels facing
                         directly or indirectly to an outside space that admit natural light equal to not less
                         than five percent of the floor area for living rooms and two and one half percent
                         of the floor area for bedrooms and other Habitable Rooms not excluded by the
                         foregoing.
Living Room      6.9.2   A window is not required in a living room if:
                         (a)   there is an opening in a dividing wall to an adjoining room;
                         (b)   the adjoining room has a window to the outside; and
                         (c)   the total window area of the adjoining room is at least 5 per cent of the
                               combined floor areas of the living room and the adjoining room.
Artificial       6.9.3   Artificial lighting shall be provided at all times in all Apartment Buildings,
Lighting in
Residential
Buildings                Dwellings and Lodging Houses in accordance with Subsection 5.11.


SECTION 7                STANDARDS FOR BUILDING SERVICES, SYSTEMS AND
                         FACILITIES

                 7.1     HEATING, VENTILATION AND MECHANICAL SYSTEMS
Heating System   7.1.1   All Buildings (except Buildings used exclusively for the storage of goods,
                         chattels or equipment where no persons are employed in duties and operations in
                         that Building) shall be provided with a suitable permanent heating system capable
                         of maintaining an indoor ambient minimum temperature of 22 degrees Celsius
                         (72.1oF), 1.0m (3.3 ft) above floor level and 1.0m (3.3 ft) or more from every
                         exterior wall.                                                              (77-2006)
Minimum Heat     7.1.2   The minimum temperature referred to in Article 7.1.1 shall be provided during all
Requirements
20oC
                         periods of occupancy between September 30th of each year and May 31st of the
                         following year.                                                             (77-2006)
Temporary        7.1.3   Portable heating equipment shall not be used as the primary source of heat.
Portable
Heating



                                                      18
Prevention of     7.1.4    Every Dwelling Unit shall be constructed (or otherwise separated) to prevent the
Passage of
Smoke, Fumes
and Gases                  passage of smoke, fumes and gases from an attached garage into other parts of the
                           Dwelling. Such construction or separations shall conform to the OBC.
Proper Venting    7.1.5    All fuel burning appliances, equipment, and accessories shall be properly vented
to Outside
                           to the outside air by means of a smoke pipe, gas vent, chimney flue or other
                           method effective to remove substantially all fumes and gases.
Chimneys          7.1.6    Every chimney flue, smoke pipe and gas vent shall be maintained in good Repair
                           so as to prevent gases from leaking into the Building where they originate, and so
                           that any combustible material adjacent thereto, insulated therefrom, or in contact
                           therewith shall not be heated to unsafe temperatures. For the purposes of this
                           Article, “maintained in good Repair” shall include clearing the flue of
                           obstructions, sealing open joints and Repairing or replacing all broken and loose
                           masonry and lining or relining with fire resistant material.
Fireplaces        7.1.7    Fireplaces and similar construction used or intended to be used for burning fuels
                           in open fires shall be connected to proper chimneys, and shall be maintained so
                           that nearby or adjacent combustible material and structural members shall not be
                           heated to unsafe temperatures. For the purposes of this Article, “maintained”
                           includes lining and Repairing and relining with fire resistant material, and
                           installing and replacing the hearth.
Other Fuel        7.1.8    Every fuel burning appliance (whether for heating or cooking) shall be properly
Burning
Appliances
                           connected by a rigid duct to a chimney flue, smoke pipe or gas vent adequate to
                           remove substantially all fumes and gases, except those appliances that have been
                           approved for use without venting pursuant to the specifications contained in the
                           OBC.
Maintained in     7.1.9    Heating, ventilating and mechanical systems (including factory built stoves,
Good, Safe and
Operable
Repair                     fireplaces and chimneys, fans, pumps, filtration and other equipment provided to
                           supply heat or air conditioning or other services) shall be maintained in good
                           Repair and in a safely operable condition.
Supply of         7.1.10   A space that contains a heating unit or incinerator that requires combustion air
Combustion Air
                           shall have natural or mechanical means of supplying the required combustion air.
Air Conditioner   7.1.11   Air conditioners shall be equipped with proper devices to prevent condensation
Condensation
                           draining onto publicly owned sidewalks, walkways, entrances and other
                           pedestrian routes.

                  7.2      PLUMBING AND DRAINAGE SYSTEMS
Water System      7.2.1    Where facilities of the Water System are located within 30m of any Property line,
Available
Within 30m
                           every Building on the Property requiring the use of water shall be connected
                           thereto.
Sewerage          7.2.2    Where facilities of the Sewerage System are located within 30m of any Property
System
Available
Within 30m                 line, every Building on the Property requiring the use of a sewer shall be
                           connected thereto.




                                                        19
Other Approved     7.2.3    Where facilities of the Water System are not available (or connection to the
Water Supply
                            Water System is for any reason not permitted) every Dwelling shall be supplied
                            with an adequate supply of potable running water from a source approved by the
                            Medical Officer of Health.
Septic Tank        7.2.4    Where facilities of the Sewerage System are not available (or connection to the
Approval
Where System
not Available               system is for any reason not permitted) and the Property area and soil conditions
                            are such that a septic tank system or equivalent system can be provided in
                            compliance with all applicable laws and regulations, such a system shall be
                            provided for each Dwelling, and approved by the City.
Approval for       7.2.5    Where facilities of the Sewerage System are not available and where a septic tank
Alternate
Sewage Disposal
System                      or equivalent system cannot be installed, no Dwelling shall be occupied unless a
                            sewerage disposal method approved by the City is provided.
Continued Use      7.2.6    Despite Article 7.2.1, provided an adequate supply of potable running water is
of Potable
Water Supply
                            available to a Property from a source other than the Water System, the Medical
                            Officer of Health may permit the continued use of the other source unless any test
                            indicates the water from the other source was (at any time) not potable.
Continued Use      7.2.7    Despite Article 7.2.2, where an adequate septic tank system or equivalent system
of Septic System
                            is functioning properly, the City may permit the continued use of such system.
Where Septic       7.2.8    Where a septic system on a Property ceases to function, such system shall be
System Fails
                            Repaired or replaced (as approved by the City) unless the Sewerage System is
                            located within 30m of the Property line, in which case every Building on the
                            Property requiring the use of a sewer shall be connected thereto in accordance
                            with the provisions of Article 7.2.2.
Plumbing &         7.2.9    All plumbing and drainage systems (and their appurtenances including all
Drainage
Systems to be
Maintained in               Plumbing Fixtures) shall be maintained in good Repair, in a safely operable
Repair
                            condition, adequately protected from freezing, and shall be supplied with potable
                            water sufficient for normal use at a flow and pressure sufficient for the intended
                            use of the fixtures installed.
Hot Water          7.2.10   Every washbasin, bathtub, shower, and kitchen sink shall be equipped with an
Temperature
                            adequate supply of hot and cold running water. Hot water shall be supplied at a
                            temperature of not less than 46 degrees Celsius (115°F).
Restaurant         7.2.11   Every Building or part of a Building on a Property that is used as a Restaurant
Access to Public
Washrooms
                            and that provides an area to consume the food on the Property (indoors or
                            outdoors) shall include access to a public Washroom located on the Property.
Public             7.2.12   Every business that is required under the OBC to provide public Washrooms shall
Washroom
Access in
Businesses                  maintain access to such Washrooms by the public during the hours of operation
                            of the business.
                   7.3      ELECTRICAL SERVICE
Electrical         7.3.1    Every Building shall be wired for electricity and shall be connected to a source of
Services
                            electricity, in accordance with the regulations pursuant to the Electricity Act, S.O.
                            1998, c.15.




                                                             20
Duplex Outlets     7.3.2   Every Habitable Room in a Dwelling shall have at least one electrical duplex
                           outlet for each 11.1m2 (120 sq. ft.) of floor space and for each additional 9.3m2
                           (100 sq. ft.) of floor area a second duplex outlet shall be provided.
Permanent          7.3.3   Every Washroom, kitchen, laundry room, furnace room, basement, cellar and
Light Fixtures
                           non-habitable work or storage room shall be provided with a permanent operable
                           light fixture.
Lighting           7.3.4   Lighting fixtures installed throughout a Dwelling Unit (including those installed
Throughout
Dwelling Unit
                           in hallways, stairways, corridors, passageways, garages and basements) shall
                           provide sufficient illumination so as to prevent accident hazards during normal
                           use.
Electrical         7.3.5   The capacity of the electrical service connection to a Building, and the system of
Supply and
Service
Adequate for               circuits distributing the electrical supply within the Building, shall be adequate
Use in a
Building                   for the use and intended use thereof and shall be in compliance with the
                           regulations pursuant to the Electricity Act, S.O. 1998, c.15.
Kitchen to Have    7.3.6   Despite Article 7.3.2, no fewer than two (2) electrical duplex convenience outlets
Suitable Outlets
                           on separate circuits shall be provided in kitchens in Dwelling Units. One such
                           outlet shall be provided over the countertop work surface and one shall be
                           provided at the refrigerator space.
Maintained in      7.3.7   Electrical wiring, circuits, fuses, circuit breakers, electrical equipment and
Good Working
Order and Safe
                           electrical heating systems (where provided) shall be installed and maintained in
                           good working order at all times, free from fire and accident hazards, in
                           compliance with the Electricity Act, S.O. 1998, c.15 and with the regulations
                           made thereunder.
Extension Cords    7.3.8   Extension cords shall not be maintained, placed or attached, or permitted to be
                           placed or attached through any doorway or transom, nor to any door frame,
                           window frame, ceiling, wall or floor.
Idem               7.3.9   Electrical cords that are not part of a lighting fixture, machine or device shall not
                           be permitted to be used or used on a permanent or semi-permanent basis.
                           However, nothing in this Article prevents the use of an extension cord on a semi-
                           permanent basis if used under supervision during any portion of a single day.
                   7.4     DISCONNECTED UTILITIES
No                 7.4.1   No Owner shall disconnect (or cause to be disconnected) any service or utility
Disconnection
                           supplying heat, electricity, gas or water to a Building, nor to a Dwelling Unit or
                           Lodging Unit occupied by a tenant, lessee or Occupant of such Building, except
                           for such reasonable period of time as may be necessary for the purpose of
                           Repairing, replacing, or otherwise altering the service or utility.
                   7.5     FIRE ESCAPES
Good Repair        7.5.1   Every fire escape shall be maintained in good Repair, free from obstructions, and
                           accessible through a door or an openable window.
                   7.6     ELEVATING DEVICES
Good Repair        7.6.1   Elevators (where provided) and all its parts and components (including lighting
                           fixtures, lamps, elevators buttons, floor indicators and ventilation fans) shall be
                           maintained in good Repair.

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              7.7       BUILDING SECURITY/ACCESS VOICE COMMUNICATIONS
Good Repair   7.7.1     In Apartment Buildings where a voice communications system exists between
                        each Dwelling Unit and the lobby and, where a security locking and release
                        system for the entrance is provided and is controlled from each Dwelling Unit,
                        such system shall be maintained in good Repair.
              7.8       EMERGENCY CONTACT IN APARTMENT BUILDINGS
Telephone     7.8.1     The Owner of every Apartment Building shall cause:
Number of
Authorized
Persons                 (a)   the name, address and telephone number of the current manager or the
                              Person responsible for the Property, and
                        (b)   the name and telephone number of an authorized Person to contact in case
                              of an emergency on a 24 hour basis
                        to be posted in a prominent place on or in the Apartment Building that is common
                        to or regularly frequented by the residents therein.


SECTION 8               VACANT BUILDINGS
              8.1       VACANT BUILDINGS
Protection    8.1.1     The Owner of any vacant Building or other vacant Property shall protect the
                        Building or vacant Property against the risk of fire, accident or other danger, by
                        effectively preventing the entrance to it of all unauthorized Persons.
Cleared of    8.1.2     Vacant Buildings, including vacated fire damaged Buildings, shall be kept
Garbage and
Services
Turned Off              cleared of all garbage, rubbish, flammable substances and debris and shall have
                        all water, electrical and gas services turned off except for any such service that is
                        required for the security and maintenance of the Property.
Boarding Up   8.1.3     Vacant Buildings shall be demolished or boarded up and maintained securely by
Vacant
Building
                        covering all openings through which entry may be obtained with at least 12.7mm
                        (0.5 inches) thick weatherproof sheet plywood, securely fastened to the Building
                        and painted.
Repair or     8.1.4     Despite Article 8.1.3, the Owner of any Property on which is situate a Building,
Demolish
Vacant
Buildings               or part thereof, that is boarded up for a period exceeding 24 months shall either
                        Repair the Building and bring it into conformity with the Standards rendering the
                        Building in a useable condition, or shall clear the Property of all buildings,
                        structures, debris or refuse and leave it in a graded and leveled condition.


SECTION 9               SCHEDULES
              9.1       SCHEDULE A

              9.1.1     Schedule “A” attached hereto shall form part of this By-Law.                   (13-2003)




By-law read a first, second and third time and finally passed this fourteenth day of January, 2002.


2006 05 26


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